SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA web site: http://www.bcuc.com IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by the British Columbia Transmission Corporation (“BCTC”) to Amend the BCTC Open Access Transmission Tariff and A Complaint by TransCanada Energy Ltd. Re BCTC Firm Transmission Sales to Alberta BEFORE: A.A. Rhodes, Panel Chair L.A. O’Hara, Commissioner P.E. Vivian, Commissioner O R D E R WHEREAS: A. On June 3, 2008, the British Columbia Transmission Corporation (“BCTC”) applied to the British Columbia Utilities Commission (“BCUC”, “the Commission”) to suspend the release for sale of additional Firm Available Transfer Capacity (“Firm ATC”) on the British Columbia to Alberta path (the “BC>AB Path”) and to suspend the Facilities Study relating to requests for additional service on the BC>AB Path; and B. The OATT includes the rates, terms, and conditions (including tariff supplements) of the non‐discriminatory, open access transmission service offered by BCTC. OATT is modeled on a pro forma tariff established by Federal Energy Regulatory Commission (“FERC”) Order No. 888 (the pro forma tariff), as recently amended by FERC Order No. 890; and C. On October 9, 2008, TransCanada Energy Ltd. (“TransCanada”) filed a complaint (the “Complaint”) with the Commission with respect to BCTC’s release for sale of Firm ATC on the BC>AB Path; and D. On November 13, 2008, the Commission issued letter L‐53‐08, advising TCE that the Commission would, after receipt of the OATT application, issue a procedural letter or order to solicit submissions on the appropriate process or processes for reviewing the TCE Complaint and the BCTC Application, including the appropriate degree of separation between the reviews of the Complaint and Application; and BRIT I SH COLU MBIA UTIL IT I ES COM MISS ION ORDER NUMBER G ‐26‐09 TELEPHONE: (604) 660‐4700 BC TOLL FREE: 1‐800‐663‐1385 FACSIMILE: (604) 660‐1102 March 16, 2009
BRIT ISH COLUMBIA UTIL IT IES COMMISS ION ORDER NUMBER G‐26‐09 2 E. On November 21, 2008, BCTC filed an application to amend the OATT (the “Application”), pursuant to subsections 58, 59, and 60 of the Utilities Commission Act (“UCA”, the “Act”); and F. In Appendix B of the Application, BCTC proposed a preliminary schedule for the review of the OATT, with a procedural conference to address procedural matters relating to the Application and Complaint, a written hearing process to address Parts 3 to 5 of the Application, and an oral hearing process to address both Part 6 of the Application and the Complaint; and G. By Order G‐195‐08, dated December 16, 2008, the Commission established that a Procedural Conference would be held on January 8, 2009 to address procedural matters; and H. At the Procedural Conference, the Commission Panel heard submissions on the scope of the regulatory review, the review format for the principal issues, and whether the Application and the Complaint could be properly dealt with in a combined proceeding or separate proceedings; and I. By Order G‐3‐09, the Commission determined that The Complaint would be reviewed through an Oral Hearing process. Attachment A to Order G‐3‐09 was a Regulatory Timetable, specifying that the Oral Hearing would commence on Tuesday, April 28, 2009; and J. On February 25, 2009, the Commission received a letter from TCE, dated February 19, 2009, requesting that the proceeding schedule be amended. TCE proposed that the Oral Hearing commence on Wednesday, April 29, 2009, or, alternatively, on a day during the following week—the week of May 4, 2009. The change was proposed in order to accommodate an appearance by TCE’s expert witness; and K. On March 2, 2009, the Commission issued Letter L‐15‐09, requesting that registered intervenors in the TCE Complaint proceeding provide comment on the proposed change in the Regulatory Timetable to the Commission Panel by Friday, March 6, 2009; and L. By Friday, March 6, 2009, the Commission had received letters of comment from BC Hydro and BCTC. BC Hydro indicated that it had no objection to either of the proposed commencement dates. BCTC also had no objection to either of the proposed commencement dates, but indicated a slight preference for the week of May 4, 2009; and M. The Commission Panel has considered the proposal by TCE, and the comments submitted by BC Hydro and BCTC.
BRIT ISH COLUMBIA UTIL IT IES COMMISS ION ORDER NUMBER G‐26‐09 3 NOW THEREFORE the Commission Panel orders as follows: 1. The Regulatory Timetable for the TransCanada Energy Complaint Oral Hearing is hereby amended. The Oral Hearing will commence on Wednesday, April 29, 2009. 2. An amended Regulatory Timetable, covering both the TCE Complaint and OATT Amendment Hearings, is attached as Appendix A. DATED at the City of Vancouver, in the Province of British Columbia, this 16 th day of March 2009. BY ORDER Original signed by: A.A. Rhodes Panel Chair Attachments Orders/G‐26‐09_BCTC OATT‐TCE Complaint – Amended Timetable
APPENDIX A to Order G‐26‐09 Page 1 of 1 British Columbia Transmission Corporation Application to Amend the BCTC Open Access Transmission Tariff (“OATT”) and A Complaint by TransCanada Energy Ltd. Re BCTC Firm Transmission Sales to Alberta AMENDED REGULATORY TIMETABLE Description OATT Hearing TCE Hearing Intervenors Evidence‐OATT Friday March 13, 2009 Respondent & Intervenors Evidence‐ Friday March 13, 2009 Complaint IR Intervenors Evidence‐OATT Friday March 27, 2009 IR Respondent & Intervenors Evidence‐ Monday April 06, 2009 Complaint Intervenors Response to Evidence IR‐OATT Wednesday April 15, 2009 Respondent & Intervenors Response to Wednesday April 15, 2009 Evidence IR‐Complaint Procedural Conference (if needed) Friday April 17, 2009 Friday April 17, 2009 Rebuttal Evidence ‐ Complaint Wednesday April 22, 2009 Rebuttal Evidence – OATT Wednesday April 22, 2009 Oral Hearing Wednesday April 29, 2009
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